Text: H.R.3610 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in House (12/08/2011)


112th CONGRESS
1st Session
H. R. 3610


To consolidate and streamline redundant and ineffective Federal workforce development programs to increase accountability, reduce administrative bureaucracies, and put Americans back to work.


IN THE HOUSE OF REPRESENTATIVES

December 8, 2011

Ms. Foxx (for herself, Mr. Roe of Tennessee, Mr. Wilson of South Carolina, Mr. Rokita, Mr. Gowdy, Mrs. Roby, Mr. Heck, and Mr. Kelly) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, Veterans’ Affairs, Agriculture, Natural Resources, the Judiciary, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To consolidate and streamline redundant and ineffective Federal workforce development programs to increase accountability, reduce administrative bureaucracies, and put Americans back to work.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Streamlining Workforce Development Programs Act of 2011”.

SEC. 2. References.

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.).

SEC. 3. Effective date.

Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2013 and succeeding fiscal years.

TITLE IAmendments to the Workforce Investment Act

SEC. 101. State Workforce Investment Boards.

Section 111 is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by striking subparagraph (B);

(ii) by redesignating subparagraph (C) as subparagraph (B); and

(iii) in subparagraph (B) (as so redesignated)—

(I) by amending clause (i)(II) to read as follows:

“(II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and”;

(II) by striking clause (iii) and inserting the following:

“(iii) a State agency official responsible for economic development; and”;

(III) by striking clauses (iv) through (vi);

(IV) by amending clause (vii) to read as follows:

“(vii) such other representatives and State agency officials as the Governor may designate.”; and

(V) by redesignating clause (vii) as clause (iv); and

(B) by amending paragraph (3) to read as follows:

“(3) MAJORITY.—A 23 majority of the members of the board shall be representatives described in paragraph (1)(C)(i).”;

(2) by amending subsection (d) to read as follows:

“(d) Functions.—The State board shall assist the Governor of the State as follows:

“(1) STATE PLAN.—Consistent with section 112, develop a State plan.

“(2) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund under section 132(b)(1).

“(3) WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.—Develop a statewide employment statistics system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development agency or related entity in developing such system.

“(4) EMPLOYER ENGAGEMENT.—Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.

“(5) DESIGNATION OF LOCAL AREAS.—Designate local areas as required under section 116.

“(6) ONE-STOP DELIVERY SYSTEM.—Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies.

“(7) PROGRAM OVERSIGHT.—Conduct the following program oversight:

“(A) Reviewing local plans.

“(B) Conducting oversight for State employment and training activities authorized under section 134.

“(C) Preparing an annual report to the Secretary described in section 136(d).

“(8) DEVELOPMENT OF PERFORMANCE MEASURES.—Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, to assess under section 136(b) the effectiveness of the workforce investment activities in the State.”;

(3) by striking subsection (e);

(4) by redesignating subsection (f) as subsection (e);

(5) by inserting after subsection (e) (as so redesignated), the following:

“(f) Staff.—The State board may employ staff to assist in carrying out the functions described in subsection (d).”; and

(6) in subsection (g), by inserting “electronic means and” after “on a regular basis through”.

SEC. 102. State plan.

Section 112—

(1) in subsection (a)—

(A) by striking “127 or”; and

(B) by striking “5-year strategy” and inserting “4-year strategy”; and

(2) in subsection (b)—

(A) by amending paragraph (4) to read as follows:

“(4) information describing—

“(A) the economic conditions in the State;

“(B) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy;

“(C) the knowledge and skills of the workforce in the State; and

“(D) workforce development activities (including education and training) in the State;”;

(B) by amending paragraph (7) to read as follows:

“(7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand;”;

(C) by amending paragraph (8) to read as follows:

“(8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and

“(B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A) carried out by one-stop partners, including—

“(i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or

“(ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan;”;

(D) in paragraph (9), by striking “, including comment by representatives of businesses and representatives of labor organizations,”;

(E) in paragraph (11), by striking “under sections 127 and 132” and inserting “under section 132,”;

(F) by striking paragraph (12);

(G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively;

(H) in paragraph (16) (as so redesignated)—

(i) in subparagraph (A)—

(I) by striking “and” at the end of clause (iii);

(II) by amending clause (iv) to read as follows:

“(iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance), individuals with limited English proficiency, homeless individuals, individuals training for nontraditional employment, youth, older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and”; and

(III) by adding at the end the following new clause:

“(v) a description of how the State will—

“(I) consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and

“(II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;”; and

(ii) in subparagraph (B), by striking “to the extent practicable” and inserting “in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act (except sections 4103A and 4104 of title 38, United States Code)”;

(I) by striking paragraph (17) (as so redesignated) and inserting the following:

“(17) a description of the strategies and programs providing outreach to businesses, identifying workforce needs of businesses in the State, and ensuring that such needs will be met (including the needs of small businesses), which may include—

“(A) implementing innovative programs and strategies designed to meet the needs of all businesses in the State, including small businesses, which may include incumbent worker training programs or industry or sector partnerships, and make the statewide workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; and

“(B) providing incentives and technical assistance to assist each local area in the State in more fully engaging all employers, including small employers, in local workforce investment activities—

“(i) to make the workforce investment system more relevant to the needs of area businesses; and

“(ii) to better coordinate workforce investment, economic development, and postsecondary education and training efforts to contribute to the economic well-being of the local area and region, as determined appropriate by the local board;

“(18) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State;

“(19) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; and

“(20) a description of the actions that will be taken by the State to foster communication and partnerships with non-profit organizations (including community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title.”;

(3) in subsection (c), by striking “period, that—” all that follows through paragraph (2) and inserting “period, that the plan is inconsistent with the provisions of this title.”; and

(4) in subsection (d), by striking “5-year” and inserting “4-year”.

SEC. 103. Local workforce investment areas.

Section 116 is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by striking “Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in” and inserting “In”; and

(II) by striking “127 or”; and

(ii) by amending subparagraph (B) to read as follows:

“(B) CONSIDERATIONS.—In making the designation of local areas, the Governor shall take into consideration the following:

“(i) The extent to which such local areas are consistent with labor market areas.

“(ii) The extent to which labor market areas align with economic development regions.

“(iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce.

“(iv) The distance that individuals will need to travel to receive services provided in such local areas.”;

(B) by amending paragraph (2) to read as follows:

“(2) TECHNICAL ASSISTANCE.—The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).”; and

(C) by striking paragraph (3) and inserting the following:

“(3) DESIGNATION ON RECOMMENDATION OF STATE BOARD.—The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated.”;

(D) by striking paragraph (4); and

(E) by redesignating paragraph (5) as paragraph (4); and

(2) by amending subsection (b) to read as follows:

“(b) Single States.—Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title.”.

SEC. 104. Local workforce investment boards.

Section 117 is amended—

(1) by striking subsection (c)(1)(C); and

(2) by striking subsection (i).

SEC. 105. Local plan.

Section 118(b) is amended—

(1) by striking “and” at the end of paragraph (9);

(2) redesignating paragraph (10) as paragraph (11); and

(3) inserting after paragraph (9), the following:

“(10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance), individuals with limited English proficiency, homeless individuals, individuals training for nontraditional employment, youth, older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; and”.

SEC. 106. Establishment of one-stop delivery system.

Section 121 is amended—

(1) in subsection (b)—

(A) in paragraph (1)(B)—

(i) by striking clause (vi); and

(ii) by redesignating clauses (vii) through (xii) as clauses (vi) through (xi), respectively; and

(B) in paragraph (2)(B)—

(i) by striking clause (ii); and

(ii) by redesignating clauses (iii) through (v) as clauses (ii) through (iv), respectively;

(2) in subsection (d)(2)—

(A) by amending subparagraph (A) to read as follows:

“(A) shall be designated or certified as a one-stop operator through a competitive process; and”; and

(B) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and

(3) by striking subsection (e) and redesignating subsection (f) as subsection (e).

SEC. 107. Identification of eligible providers of training services.

Section 122 is amended—

(1) in subsection (b)(2)(C), by striking “, including representatives of business and labor organizations”;

(2) in subsection (c)(3), by striking “, including representatives of business and labor organizations”; and

(3) in subsection (d)(3)(A), by striking “in sections 128(a) and 133(a)(1), as appropriate” and inserting “in section 133(a)(1)”.

SEC. 108. Identification of eligible providers of youth activities.

Section 123 is repealed.

SEC. 109. General authorization.

Chapter 5 of title I is amended—

(1) by striking the heading related to chapter 5 and inserting the following: “Employment and Training Activities”; and

(2) in section 131—

(A) by striking “paragraphs (1)(B) and (2)(B) of”; and

(B) by striking “adults, and dislocated workers” and inserting “adults, dislocated workers, youth, veterans, and targeted populations”.

SEC. 110. State allotments.

Section 132 is amended—

(1) by amending subsection (a) to read as follows:

“(a) In general.—The Secretary shall—

“(1) reserve 2 percent of the total amount appropriated under subsections (a) through (d) of section 137 for a fiscal year, of which—

“(A) not less than 85 percent shall be used for national emergency grants under section 173;

“(B) not more than 10 percent may be used for demonstration projects under section 171; and

“(C) not more than 5 percent may be used to provide technical assistance under section 170; and

“(2) from the remaining amount appropriated under section 137(a) for a fiscal year, make allotments in accordance with subsection (b)(1);

“(3) from the remaining amount appropriated under section 137(b) for a fiscal year, make allotments in accordance with subsection (b)(2);

“(4) from the remaining amount appropriated under section 137(c) for a fiscal year, make allotments in accordance with subsection (b)(3); and

“(5) from the remaining amount appropriated under section 137(d) for a fiscal year, make allotments in accordance with subsection (b)(4).”; and

(2) by amending subsection (b) to read as follows:

“(b) Allotment among States for employment and training activities.—

“(1) WORKFORCE INVESTMENT FUND.—

“(A) RESERVATION FOR OUTLYING AREAS.—

“(i) IN GENERAL.—From the amount made available under subsection (a)(2) for a fiscal year, the Secretary shall reserve not more than 14 of 1 percent to provide assistance to the outlying areas.

“(ii) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108–188)) after the date of enactment of the Streamlining Workforce Development Programs Act of 2011.

“(B) STATES.—

“(i) IN GENERAL.—After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount referred to in subsection (a)(2) for a fiscal year to the States pursuant to clause (ii) for employment and training activities and statewide workforce investment activities.

“(ii) FORMULA.—Subject to clauses (iii) and (iv), of the remainder—

“(I) 3313 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;

“(II) 3313 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State as compared to the total number of such individuals in all States; and

“(III) 3313 percent shall be allotted on the basis of the relative number of individuals in a State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.

“(iii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

“(iv) SMALL STATE MINIMUM ALLOTMENT.—Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 210 of 1 percent of the remainder described in clause (i) for the fiscal year.

“(v) DEFINITIONS.—For the purpose of the formula specified in this subparagraph:

“(I) INDIVIDUAL.—The term ‘individual’ means an individual who is not less than age 16 and not more than age 72.

“(II) ALLOTMENT PERCENTAGE.—The term ‘allotment percentage’—

“(aa) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under the provisions listed in paragraphs (1) through (6) of section 201 of the Streamlining Workforce Development Programs Act of 2011 and chapter 5 of this title (as such provisions and chapter were in effect on the day before the date of enactment of such Act) that is received under such provisions and under such chapter by the State involved for fiscal year 2012; and

“(bb) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.

“(2) STATE YOUTH WORKFORCE INVESTMENT FUND.—

“(A) RESERVATION FOR OUTLYING AREAS.—

“(i) IN GENERAL.—From the amount made available under subsection (a)(3) for a fiscal year, the Secretary shall reserve not more than 14 of 1 percent to provide assistance to the outlying areas.

“(ii) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108–188)) after the date of enactment of the Streamlining Workforce Development Programs Act of 2011.

“(B) STATES.—

“(i) IN GENERAL.—After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount referred to in subsection (a)(3) for a fiscal year to the States pursuant to clause (ii) for State youth activities.

“(ii) FORMULA.—Subject to clauses (iii) and (iv), of the remainder—

“(I) 50 percent shall be allotted on the basis of the relative number of disadvantaged youth who are ages 16 through 24 in each State, compared to the total number of disadvantaged youth who are ages 16 through 24 in all States; and

“(II) 50 percent shall be allotted on the basis of the relative number of secondary school dropouts who are ages 16 and 17 compared to the total number of secondary school dropouts who are ages 16 and 17 in all States.

“(iii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

“(iv) SMALL STATE MINIMUM ALLOTMENT.—Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 210 of 1 percent of the remainder described in clause (i) for the fiscal year.

“(v) DEFINITIONS.—For the purpose of the formula specified in this subparagraph:

“(I) ALLOTMENT PERCENTAGE.—The term ‘allotment percentage’—

“(aa) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under the provisions listed in paragraphs (7) through (9) of section 201 of the Streamlining Workforce Development Programs Act of 2011 (as such provisions were in effect on the day before the date of enactment of such Act) that is received under such provisions by the State involved for fiscal year 2012; and

“(bb) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.

“(II) DISADVANTAGED YOUTH.—The term ‘disadvantaged youth’ means an individual who is age 16 through 24 who receives an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—

“(aa) the poverty line; or

“(bb) 70 percent of the lower living standard income level.

“(3) VETERANS WORKFORCE INVESTMENT FUND.—

“(A) RESERVATION FOR OUTLYING AREAS.—

“(i) IN GENERAL.—From the amount made available under subsection (a)(4) for a fiscal year, the Secretary shall reserve not more than 14 of 1 percent to provide assistance to the outlying areas.

“(ii) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108–188)) after the date of enactment of the Streamlining Workforce Development Programs Act of 2011.

“(B) STATES.—

“(i) IN GENERAL.—After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount referred to in subsection (a)(4) for a fiscal year to the States pursuant to clause (ii) for veterans employment and training activities.

“(ii) FORMULA.—Subject to clauses (iii) and (iv), the remainder shall be allotted on the basis of the relative number of unemployed veterans in each State, compared to the total number of unemployed veterans in all States.

“(iii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

“(iv) SMALL STATE MINIMUM ALLOTMENT.—Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 210 of 1 percent of the remainder described in clause (i) for the fiscal year.

“(v) DEFINITION.—For the purpose of the formula specified in this subparagraph, the term ‘allotment percentage’—

“(I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under the provisions listed in paragraphs (12) through (15) of section 201 of the Streamlining Workforce Development Programs Act of 2011 (as such provisions were effect on the day before the date of enactment of such Act) that is received under such provisions by the State involved for fiscal year 2012; and

“(II) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.

“(4) TARGETED POPULATIONS WORKFORCE INVESTMENT FUND.—

“(A) RESERVATION FOR OUTLYING AREAS.—

“(i) IN GENERAL.—From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve—

“(I) not more than 14 of 1 percent to provide assistance to the outlying areas; and

“(II) not more than 1.5 percent to provide assistance to Indian Tribes.

“(ii) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108–188)) after the date of enactment of the Streamlining Workforce Development Programs Act of 2011.

“(B) STATES.—

“(i) IN GENERAL.—After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to clause (ii) for refugee and entrant, ex-offender, migrant and seasonal farmworker, and Native American employment and training activities.

“(ii) FORMULA.—Subject to clauses (iii) and (iv), the remainder shall be allotted on the basis of the relative number of refugee and entrants, ex-offenders, migrant and seasonal farmworkers, and Native Americans who are unemployed in each State, compared to the total number of refugee and entrants, ex-offenders, migrant and seasonal farmworkers, and Native Americans who are unemployed in all States.

“(iii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

“(iv) SMALL STATE MINIMUM ALLOTMENT.—Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than 210 of 1 percent of the remainder described in clause (i) for the fiscal year.

“(v) DEFINITION.—For the purpose of the formula specified in this subparagraph, the term ‘allotment percentage’—

“(I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under the provisions listed in paragraphs (16) through (23) of section 201 of the Streamlining Workforce Development Programs Act of 2011 (as such provisions were effect on the day before the date of enactment of such Act) that is received under such provisions by the State involved for fiscal year 2012; and

“(II) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.”.

SEC. 111. Within State allocations.

Section 133 is amended—

(1) by amending subsection (a) to read as follows:

“(a) Reservations for State activities.—

“(1) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—

“(A) IN GENERAL.—The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(1)(B) for a fiscal year to carry out the statewide activities described in section 134(a).

“(B) STATEWIDE RAPID RESPONSE ACTIVITIES.—Of the amount reserved under subparagraph (A) for a fiscal year, the Governor of the State shall reserve not more than 10 percent for statewide rapid response activities described in section 134(a)(2)(A).

“(2) STATEWIDE YOUTH WORKFORCE INVESTMENT FUND.—The Governor of a State may reserve up to 2 percent of the total amount allotted to the State under section 132(b)(2)(B) for a fiscal year to carry out the statewide activities described in section 134(a).

“(3) STATEWIDE VETERANS WORKFORCE INVESTMENT FUND ACTIVITIES.—The Governor of a State may reserve up to 2 percent of the total amount allotted to the State under section 132(b)(3)(B) for a fiscal year to carry out statewide activities described in section 134(a).

“(4) STATEWIDE TARGETED POPULATION WORKFORCE INVESTMENT FUND ACTIVITIES.—The Governor of a State may reserve up to 2 percent of the total amount allotted to the State under section 132(b)(4)(B) for a fiscal year to carry out the statewide activities described in section 134(a).”;

(2) by amending subsection (b) to read as follows:

“(b) Within State allocation.—

“(1) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall—

“(A) allocate the funds that are allotted to the State for employment and training activities and statewide workforce investment activities under section 132(b)(1)(B) and not reserved under subsection (a)(1), in accordance with paragraph (2)(A);

“(B) award the funds that are allotted to the State for State youth activities under section 132(b)(2)(B) and not reserved under subsection (a)(2) through competitive grants to eligible entities, in accordance with section 135;

“(C) allocate the funds that are allotted to the State for veterans employment and training activities under section 132(b)(3)(B) and not reserved under subsection (a)(3), in accordance with paragraph (2)(B); and

“(D) allocate the funds that are allotted to the State for targeted populations employment and training activities under section 132(b)(4)(B) and not reserved under subsection (a)(4), in accordance with paragraph (2)(C).

“(2) FORMULA ALLOCATIONS.—

“(A) WORKFORCE INVESTMENT FUND.—

“(i) ALLOCATION.—In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate—

“(I) 3313 percent on the basis described in section 132(b)(B)(ii)(I);

“(II) 3313 percent on the basis described in section 132(b)(B)(ii)(II); and

“(III) 3313 percent on the basis described in section 132(b)(B)(ii)(III).

“(ii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The State shall ensure that no local area shall receive an allotment under this subparagraph for a fiscal year that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the State shall ensure that no local area shall receive an allocation for a fiscal year under this subparagraph for a fiscal year that is more than 130 percent of the allocation percentage of the local area for the preceding fiscal year.

“(iii) DEFINITIONS.—For the purpose of the formula specified in this subparagraph:

“(I) INDIVIDUAL.—The term ‘individual’ means an individual who is not less than age 16 and not more than age 72.

“(II) ALLOCATION PERCENTAGE.—The term ‘allocation percentage’—

“(aa) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under paragraphs (1) through (6) of section 201 of the Streamlining Workforce Development Programs Act of 2011 and chapter 5 of this title (as such provisions and such chapter were in effect on the day before the date of enactment of such Act) that is received under such provisions and such chapter by the local area involved for fiscal year 2012; and

“(bb) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the funds described in clause (i) that is received through an allocation made under this subparagraph for the fiscal year.

“(B) VETERANS WORKFORCE INVESTMENT FUND.—

“(i) ALLOCATION.—In allocating the funds described in paragraph (1)(C) to local areas, a State shall allocate the funds on the basis described in section 132(b)(3)(B)(ii).

“(ii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The State shall ensure that no local area shall receive an allocation under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the local area under this subparagraph for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the State shall ensure that no local area shall receive an allocation for a fiscal year under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the local area for the preceding fiscal year.

“(iii) DEFINITION.—For the purpose of the formula specified in this subparagraph, the term ‘allocation percentage’—

“(I) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under paragraphs (12) through (15) of section 201 of the Streamlining Workforce Development Programs Act of 2011 (as such provisions were in effect on the day before the date of enactment of such Act) that is received under such provisions by the local area involved for fiscal year 2012; and

“(II) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the funds described in clause (i) that is received through an allocation made under this subparagraph for the fiscal year.

“(C) TARGETED POPULATIONS WORKFORCE INVESTMENT FUND.—

“(i) ALLOCATION.—In allocating the funds described in paragraph (1)(D) to local areas, a State shall allocate funds on the basis described in section 132(b)(4)(B)(ii).

“(ii) MINIMUM AND MAXIMUM PERCENTAGES.—

“(I) MINIMUM PERCENTAGE.—The State shall ensure that no local area shall receive an allotment under this paragraph for a fiscal year that is less than 90 percent of the allotment percentage of the local area under this subparagraph for the preceding fiscal year.

“(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the State shall ensure that no local area shall receive an allotment for a fiscal year under this paragraph that is more than 130 percent of the allotment percentage of the local area under this subparagraph for the preceding fiscal year.

“(iii) DEFINITION.—For the purpose of the formula specified in this subparagraph, the term ‘allocation percentage’—

“(I) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under paragraphs (16) through (23) of section 201 of the Streamlining Workforce Development Programs Act of 2011 (as such provisions were in effect on the day before the date of enactment of such Act) that is received under such provisions by the local area involved for fiscal year 2012; and

“(II) used with respect to fiscal year 2013 or a subsequent year, means the percentage of the funds described in clause (i) that is received through an allocation made under this subparagraph for the fiscal year.”.

(3) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—The Governor, may in accordance with this subsection, reallocate to eligible local area within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.”;

(B) in paragraph (2), by striking “paragraph (2)(A) or (3) of subsection (b) for such activities” and inserting “subsection (b) for such activities”;

(C) by amending paragraph (3) to read as follows:

“(3) REALLOCATIONS.—In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year.”; and

(D) in paragraph (4), by striking “paragraph (2)(A) or (3) of”; and

(4) by adding at the end the following new subsection:

“(d) Local administrative cost limit.—Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter.”.

SEC. 112. Use of funds for employment and training activities.

Section 134 is amended—

(1) in subsection (a)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—

“(A) IN GENERAL.—Subject to subparagraph (C), funds reserved by a Governor for a State as described in paragraphs (1)(A), (2), (3), and (4) of section 133(a)—

“(i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and

“(ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3).

“(B) STATEWIDE RAPID RESPONSE ACTIVITIES.—Funds reserved by a Governor for a State as described in section 133(a)(1)(B) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A).

“(C) SPECIAL RULE.—Funds reserved by a Governor for State as described in paragraphs (2), (3), and (4) of section 133(a) shall be used by the State to assist those individuals who are described in paragraphs (2)(B)(ii), (3)(B)(ii), and (4)(B)(ii) of section 132(b), respectively.”;

(B) in paragraph (2)—

(i) in subparagraph (A), by striking “section 133(a)(2)” and inserting “section 133(a)(1)(B)”; and

(ii) in subparagraph (B), by striking “sections 128” through “carry” and inserting “section 133(a)(1)(A) to carry”;

(C) in paragraph (3)—

(i) by striking “activities.—” and all that follows through “A State” and inserting “activities.—A State”;

(ii) by striking “sections 128(a)” though “to carry” and inserting “section 133(a)(1)(A) to carry”;

(iii) by striking subparagraph (B);

(iv) by redesignating clauses (i) through (vii) as subparagraphs (A) through (G), respectively; and

(v) in subparagraph (A) (as so redesignated), by striking “subject to subparagraph (B)”; and

(D) by adding at the end the following new paragraph:

“(4) LIMITATION.—Not more than 5 percent of the funds allotted under section 132(b) to a State may be used by the State for administrative activities carried out under this subsection.”;

(2) by amending subsection (b) to read as follows:

“(b) Local employment and training activities.—

“(1) IN GENERAL.—Subject to paragraph (2), funds allocated to a local area under section 133(b)—

“(A) shall be used to carry out employment and training activities described in section (d); and

“(B) may be used to carry out employment and training activities described in section (e).

“(2) SPECIAL RULE.—Funds allocated to a local area under subparagraphs (B) and (C) of section 133(b)(2) shall be used by the local board involved to assist those individuals who are described in subparagraphs (B)(i) and (C)(i) of section 133(b)(2), respectively.”;

(3) in subsection (d)—

(A) in paragraph (1)(A)—

(i) in the matter preceding clause (i), by striking “area for adults” through “shall” and inserting “area under section 133(b) shall”;

(ii) in clause (ii), by striking “to adults and dislocated workers, respectively,”; and

(iii) in clauses (iii) and (iv), by striking “to adult and dislocated workers, respectively, described in such paragraph”;

(B) in paragraph (2), by striking “who are adults and dislocated workers”;

(C) in paragraph (3)(A), in the matter preceding clause (i)(I), by striking “for adults” through “respectively” and inserting “under section 133(b) shall be used to provide training services to individuals”;

(D) in paragraph (4)(A), in the matter preceding clause (i), by striking “for adults” through “respectively” and inserting “under section 133(b) shall be used to provide training services to individuals”; and

(4) by adding at the end the following new subsection:

“(f) Local Veterans’ Employment Representative.—

“(1) IN GENERAL.—From the funds allocated to a local area under section 133(b)(2)(B)(ii), a local area shall hire and employ one or more local veterans’ employment representatives to carry out employment, training, and placement services under this subsection.

“(2) PRINCIPAL DUTIES.—A local veterans’ employment representative in a local area shall—

“(A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including—

“(i) conducting seminars for employers; and

“(ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and

“(B) facilitate employment, training, and placement services furnished to veterans, including disabled veterans, in the local area under the one-stop delivery system under section 121.

“(3) HIRING PREFERENCE FOR VETERANS AND INDIVIDUALS WITH EXPERTISE IN SERVING VETERANS.—A local area shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to serve as the local veterans’ employment representative and carry out the services described in paragraph (2). In hiring an individual to serve as a local veterans’ representative, a local board shall give preference to veterans and other individuals in the following order:

“(A) To qualified service-connected disabled veterans.

“(B) If no veteran described in subparagraph (A) is available, to any other veterans.

“(C) If no veteran described in subparagraph (A) or (B) is available, to any other individuals with expertise in serving veterans.

“(4) REPORTING.—Each local veterans’ employment representative shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide reports, not less frequently than quarterly, to the manager of such center and to the Director for Veterans’ Employment and Training for the State on compliance by the representative with Federal law and regulations with respect to the special services and hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans.”.

SEC. 113. State youth workforce investment fund activities.

Chapter 5 of subtitle B of title I is amended by adding at the end the following new section:

“SEC. 135. State youth workforce investment fund activities.

“(a) In General.—Of the funds allotted to a State under section 132(b)(2)(B), the Governor of a State—

“(1) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 172 of the programs and activities carried out under this section; and

“(2) using the remainder, shall award grants, on a competitive basis, to eligible entities to carry out programs and activities authorized under this section to assist eligible youth in acquiring the education and skills, credentials, and employment experience necessary to succeed in the labor market.

“(b) Eligible entity defined.—For purposes of this section, the term ‘eligible entity’ means—

“(1) a local board or a consortium of local boards;

“(2) a nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities with a demonstrated record of—

“(A) placing youth into year-round employment;

“(B) successfully implementing dropout recovery activities, or

“(C) successfully implementing intensive and fully supervised programs of education, career training, and work experience; or

“(3) a consortium of the entities described in paragraphs (1) and (2).

“(c) Grant period.—

“(1) IN GENERAL.—A grant under this subsection shall be awarded for a period of 1 year.

“(2) GRANT RENEWAL.—A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this section.

“(d) Authority To require match.—A Governor of a State may require that eligible entities receiving grants under this section provide a non-Federal share of the cost of activities carried out under this section.

“(e) Eligible youth.—To be eligible to participate in activities under this section, an individual shall be a youth between the ages 16 and 24 as of the time the eligibility determination is made by the Governor of the State who is—

“(1) a secondary school dropout;

“(2) a member of a low-income family;

“(3) a youth in foster care (including youth aging out of foster care);

“(4) a youth offender;

“(5) a youth who is an individual with a disability;

“(6) a child of incarcerated parents; or

“(7) a migrant youth.

“(f) Use of funds.—An eligible entity receiving a grant under this section shall use such funds for activities that are designed to assist eligible youth in acquiring the education and skills, credentials, and employment experience that are necessary to succeed in the labor market by carrying out at least one of the following:

“(1) Training and internships for out-of-school youth in in-demand industries or occupations important to the State and local economy.

“(2) Dropout recovery activities that are designed to lead to the attainment of a secondary school diploma, General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities).

“(3) Activities designed to assist special youth populations, such as court-involved youth, homeless youth, foster-children, young parents, and youth with disabilities.

“(4) Activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training, apprenticeships, and career-ladder employment.

“(5) Operating a residential center, such as a Job Corps Center described in subsection (i) if the requirements described in paragraph (3) of such subsection are met, that shall be operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this subsection.

“(6) Other evidence-based strategies or activities designed to improve the education and employment outcomes for youth.

“(g) Applications.—To be eligible to receive a grant under this section, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including—

“(1) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plans submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this section;

“(2) a description of the educational and skills training programs and activities the eligible entity will provide to eligible youth under this section;

“(3) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities;

“(4) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible youth;

“(5) a description of youth populations to be served and the skill needs of those populations, and the manner in which eligible youth will be recruited and selected as participants;

“(6) a description of the private and public, and local and State resources that will be leveraged, in addition to the grant funds provided under this section, to provide the programs and activities under this section, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available;

“(7) a description of the extent of the involvement of employers in such programs and activities;

“(8) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for youth specified in section 136(b)(2)(A)(ii); and

“(9) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this section.

“(h) Factors for award.—

“(1) IN GENERAL.—In awarding grants under this section, a State shall consider—

“(A) the quality of the proposed programs and activities;

“(B) the goals to be achieved;

“(C) the likelihood of successful implementation;

“(D) the extent to which the proposed programs and activities—

“(i) are based on proven strategies or demonstrated results; or

“(ii) will expand the education and skills training for eligible youth;

“(E) the extent of collaboration with the State and local workforce investment systems in carrying out the proposed programs and activities;

“(F) the extent of employer involvement in the proposed programs and activities;

“(G) whether there are other Federal and non-Federal funds available for similar activities to the proposed programs and activities, and the additional State, local, and private resources that will be provided to carry out the proposed programs and activities;

“(H) the quality of the proposed programs and activities in meeting the needs of the eligible youth to be served; and

“(I) the extent to which the proposed programs and activities will expand on services provided to individuals between 16 and 24 years of age provided under section 134.

“(2) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants under this section the State shall ensure an equitable distribution of such grants across geographically diverse areas.

“(i) Additional uses of funds.—

“(1) IN GENERAL.—If the requirements described in paragraph (3) are met, an eligible entity may use a grant received under this section to operate a Job Corps Center that was established under subtitle C (as in effect on the day before the enactment of the Streamlining Workforce Development Programs Act of 2011) and in existence on the day before the enactment of such Act to—

“(A) provide work-based learning throughout the enrollment of the enrollees of such Center; and

“(B) assist the enrollees in obtaining meaningful unsubsidized employment, participating in secondary or postsecondary education programs, enrolling in other suitable career training programs, or satisfying Armed Forces requirements, on completion of their enrollment.

“(2) LIMITATION.—An eligible entity may use not more than 10 percent of the grant funds received under this section for construction and facilities improvement of a Job Corps Center.

“(3) REQUIREMENTS.—In order for an eligible entity to operate a Job Corps Center under paragraph (1), the following requirements shall be met:

“(A) The State has submitted to the Secretary, a written request for the appropriate title and deed for such Job Corps Center, and has been granted such title and deed under paragraph (4)(A).

“(B) The State agency, or appropriate agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, has conducted an in-person review of the physical condition and health-related activities of the Job Corps Center. Such review shall include a passing rate of occupancy under State and local ordinances.

“(C) The State has demonstrated, as part of the State plan in section 112, that it has developed and will enforce professional standards of conduct.

“(4) SECRETARIAL ACTIONS.—

“(A) IN GENERAL.—Upon receiving a written request from a State under paragraph (3)(A), the Secretary, in coordination with the Administrator of the General Services Administration, shall transfer the title and deed for the appropriate Job Corps Center to the State within 30 days. The Secretary shall be prohibited from imposing any requirement on a State in exchange for such title and deed.

“(B) TRANSITION.—After 365 calendar days after the date of enactment of Streamlining Workforce Development Programs Act of 2011, the Secretary shall transfer all Job Corps Centers with respect to which the Secretary has not received a written request under paragraph (3)(A) to the Administrator of the General Services Administration for disposal of excess Federal real property.”.

SEC. 114. Performance accountability system.

Section 136 is amended—

(1) in subsection (b)—

(A) by amending paragraphs (1) and (2) to read as follows:

“(1) IN GENERAL.—For each State, the State performance measures shall consist of—

“(A) (i) the core indicators of performance described in paragraph (2)(A); and

“(ii) additional indicators of performance (if any) identified by the State under paragraph (2)(C); and

“(B) a State adjusted level of performance for each indicator described in subparagraph (A).

“(2) INDICATORS OF PERFORMANCE.—

“(A) CORE INDICATORS OF PERFORMANCE.—

“(i) IN GENERAL.—The core indicators of performance for the program of employment and training activities authorized under section 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of—

“(I) the percentage of program participants who are employed during the first or second full calendar quarter after exit from the program;

“(II) the percentage of program participants who are employed during the 2 full calendar quarters subsequent to the earliest full calendar quarter during which the participant was employed as described in subclause (I);

“(III) the median earnings of program participants who are employed during the 2 subsequent full calendar quarters described in subclause (II); and

“(IV) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from program.

“(ii) CORE INDICATORS FOR ELIGIBLE YOUTH.—The core indicators of performance for the program of youth activities authorized under section 135, shall include—

“(I) the percentage of program participants who are in education or training activities, employed, or in the military service, during the first or second full calendar quarter after exit from the program;

“(II) the percentage of program participants who obtain a recognized postsecondary credential described in clause (i)(IV), or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; and

“(III) the median earnings of program participants who are employed during the 2 subsequent full calendar quarters described in subclause (II).

“(iii) INDICATOR RELATING TO CREDENTIAL.—For purposes of clause (i)(IV) or (ii)(II), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained employment or are in an education or training program leading to a recognized postsecondary credential described in clause (i)(IV) within 1 year after exit from the program.

“(B) ADDITIONAL INDICATORS.—A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.”;

(B) in paragraph (3)—

(i) in subparagraph (A)—

(I) in the heading, by striking “and customer satisfaction indicator”;

(II) in clause (i), by striking “and the customer satisfaction indicator described in paragraph (2)(B)”;

(III) in clause (ii), by striking “and the customer satisfaction indicator of performance, for the first 3” and inserting “, for the first 2”;

(IV) in clause (iii)—

(aa) in the heading, by striking “3 years” and inserting “2 years”; and

(bb) by striking “and the customer satisfaction indicator of performance, for the first 3 program years” and inserting “for the first 2 program years”;

(V) in clause (iv), by striking subclause (I) and redesignating subclauses (II) and (II) as subclauses (I) and (II), respectively;

(VI) in clause (v)—

(aa) in the heading, by striking “4th and 5th years” and inserting “3rd and 4th years”;

(bb) by striking “4th program year” and inserting “3rd program year”; and

(cc) by striking “4th and 5th program years” and inserting “3rd and 4th program years”; and

(VII) in clause (vi), by striking “described in clause (iv)(II)” and inserting “described in clause (iv)(I)”; and

(ii) in subparagraph (B), by striking “paragraph (2)(C)” and inserting “paragraph (2)(B)”;

(2) in subsection (c)(1)(A)—

(A) by amending clause (i) to read as follows:

“(i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsection, other than statewide workforce investment activities; and”; and

(B) in clause (ii), by striking “(b)(2)(C)” and inserting “(b)(2)(B)”;

(3) in subsection (d)—

(A) in paragraph (1)—

(i) by striking “127 or”; and

(ii) by striking “and the customer satisfaction indicator” each place it appears;

(B) in paragraph (2)—

(i) by striking “and” at the end of subparagraph (E);

(ii) by striking the period at the end of subparagraph (F) and inserting “; and”; and

(iii) by adding at the end, the following:

“(G) with respect to each local area in the State—

“(i) the number of individuals who received core, intensive, and training services under section 134(d) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training;

“(ii) the number of individuals who successfully exited out of core, intensive, and training services under section 134(d) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and

“(iii) the average cost per participant of those individuals who received core, intensive, and training services under section 134(d) during the most recent program year and fiscal year, and the preceding 5 programs years, and where the individuals received the training, disaggregated by the type of entity that provided the training.”; and

(C) in paragraph (3), by striking “through publication” and inserting “through electronic means”;

(4) in subsection (g)(1)(B), by striking “may reduce by not more than 5 percent,” and inserting “shall reduce”;

(5) in subsection (h)(2)—

(A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows:

“(A) IN GENERAL.—If such failure continues for a second consecutive year, the Governor shall take correction actions, including the development of a reorganization plan. Such plan shall—”;

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

(C) by inserting after subparagraph (A), the following:

“(B) REDUCTION IN THE AMOUNT OF GRANT.—If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance.”;

(D) in subparagraph (C)(i) (as so redesignated), by striking “a reorganization plan under subparagraph (A) may, not later than 30 years after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such a plan” and inserting “correction actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions”; and

(E) in subparagraph (D) (as so redesignated), by striking “subparagraph (B)” and inserting “subparagraph (C)” each place it appears; and

(6) in subsection (i)(1)(B), by striking “subsection (b)(2)(C)” and inserting “subsection (b)(2)(B)”.

SEC. 115. Authorization of appropriations.

Section 137 is amended to read as follows:

“SEC. 137. Authorization of appropriations.

“(a) Employment and Training Activities.—There are authorized to be appropriated to carry out the activities described in section 132(a)(2), $4,300,000,000 for fiscal year 2013 and each of the 5 succeeding fiscal years.

“(b) Statewide Youth Employment and Training Activities.—There are authorized to be appropriated to carry out the activities described in section 132(a)(3), $1,900,000,000 for fiscal year 2013 and each of the 5 succeeding fiscal years.

“(c) Veterans Employment and Training Activities.—There are authorized to be appropriated to carry out the activities described in section 132(a)(4), $218,000,000 for fiscal year 2013 and each of the 5 succeeding fiscal years.

“(d) Targeted Populations Employment and Training Activities.—There are authorized to be appropriated to carry out the activities described in section 132(a)(5), $581,000,000 for fiscal year 2013 and each of the 5 succeeding fiscal years.”.

SEC. 116. Evaluations.

Section 172 is amended—

(1) in subsection (a), by striking “the Secretary shall provide for the continuing evaluation of the programs and activities,” and inserting “the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities ”; and

(2) by adding at the end, the following:

“(g) Public availability.—The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website.”.

SEC. 117. State unified plan.

Section 501 is amended—

(1) by amending subsection (b) to read as follows:

“(b) State unified plan.—

“(1) IN GENERAL.—A State may develop and submit to the appropriate Secretaries a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (M) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.

“(2) ACTIVITIES AND PROGRAMS.—The activities and programs referred to in paragraph (1) are as follows:

“(A) Programs and activities authorized under title I.

“(B) Programs and activities authorized under title II.

“(C) Programs authorized under the Rehabilitation Act of 1973.

“(D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.

“(E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.

“(F) Programs and activities authorized under title II of the Trade Act of 1974.

“(G) National Apprenticeship Act of 1937.

“(H) Programs authorized under the Community Services Block Grant Act.

“(I) Programs authorized under the part A of title IV of the Social Security Act.

“(J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).

“(K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977.

“(L) Programs and activities authorized title I of the Housing and Community Development Act of 1974.

“(M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965.”; and

(2) by adding at the end, the following:

“(e) Authority To Consolidate Funds into Workforce Investment Fund.—

“(1) IN GENERAL.—A State may consolidate funds allotted to a State under an approved application under subsection (d) into the Workforce Investment Fund under section 132(b)(1) in order to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.

“(2) TREATMENT OF FUNDS.—

“(A) IN GENERAL.—Notwithstanding subsection (c), a State with an approved application under subsection (d) may treat any and all funds consolidated into the Workforce Investment Fund as if they were original funds allotted to a State under section 132(b)(1)(A).

“(B) APPLICABILITY.—Such a State shall continue to make reservations, except the reservation under section 133(a)(1)(B), and allotments in accordance with section 133(b)(2).”.

TITLE IIRepeals

SEC. 201. Repeals.

The following provisions are repealed:

(1) Chapter 4 of title I of the Workforce Investment Act of 1998.

(2) Title V of the Older Americans Act of 1965.

(3) Sections 1 through 13 of the Wagner-Peyser Act of 1933.

(4) Section 428 of the H–1B Visa Reform Act of 2004.

(5) Section 6(d)(4) and paragraphs (1) through (5) of section 16(h) of the Food Stamp Act of 1977.

(6) Sections 101(39), 104(k)(6), and 311(b)(3)(9) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39); 9604(k)(6); and 9660(b)(3)(9)) and section 8001 of the Solid Waste Disposal Act.

(7) Subtitle C of title I of the Workforce Investment Act of 1998.

(8) Section 173A of the Workforce Investment Act of 1998.

(9) Section 509 of title 32, United States Code (National Guard Youth Challenge Program of opportunities for civilian youth).

(10) Youth Conservation Corps Act of 1970 (16 U.S.C 1701 et seq.).

(11) Public Lands Corps Act of 1993 (16 U.S.C 1721–1730a).

(12) Sections 4103A and 4104 of title 38, United States Code.

(13) Section 168 of the Workforce Investment Act of 1998.

(14) Section 2021 of title 38, United States Code (Homeless Veterans Reintegration Programs).

(15) Section 1144 of title 10, United States Code (Employment assistance, job training assistance, and other transitional services).

(16) Section 166 of the Workforce Investment Act of 1998.

(17) Section 167 of the Workforce Investment Act of 1998.

(18) Section 171(d) of the Workforce Investment Act of 1998.

(19) Section 1151 of title 20, United States Code (Grants to States for workplace and community transition training for incarcerated individuals).

(20) Section 612 of title 42, United States Code (Grants for Indian Tribes).

(21) Snyder Act of 1921 (25 U.S.C. 13), Indian Adult Vocational Training Act of 1956 (25 U.S.C. 309), and the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.).

(22) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522), section 501(a) of the Refugee Education Assistance Act of 1980 (94 Stat. 1809; 8 U.S.C. 1522 note), sections 212 through 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457) and the amendments made by such sections.

(23) Section 231 of the Second Chance Act of 2007 (Public Law 110–199).

(24) Chapter 27 of title 29, United States Code (Women in Apprenticeship and Nontraditional Occupations).

(25) Section 242 of the Workforce Investment Act of 1998.

(26) Section 169 of the Workforce Investment Act of 1998.

(27) Section 171(e) of the Workforce Investment Act of 1998.

TITLE IIIAmendments to the Rehabilitation Act of 1973

SEC. 301. Amendments to Title I.

Part A of title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) is amended—

(1) in subsection (a) of section 101—

(A) in paragraph (22)—

(i) by striking “carrying out part B of title VI, including”; and

(ii) by striking “that part to supplement funds made available under part B of”;

(B) in paragraph (24)(A), by striking “part A of title VI” and inserting “section 109A”; and

(C) by adding at the end the following:

“(25) COLLABORATION WITH INDUSTRY.—The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including—

“(A) the criteria such agency will use to award grants under such section; and

“(B) how the activities carried out under such grants will be coordinated with other services provided under this title.”; and

(2) by adding at the end the following:

“SEC. 109A. Collaboration with industry.

“(a) Authority.—A State shall use not less than one-half of one percent of the payment the State received under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement.

“(b) Application.—To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum—

“(1) a plan for evaluating the effectiveness of the program;

“(2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and

“(3) a plan for providing for the non-Federal share of the costs of the program.

“(c) Activities.—An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following.

“(1) Job development, job placement, and career advancement services for individuals with disabilities.

“(2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market.

“(3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training.

“(d) Awards.—Grants under this section shall—

“(1) be awarded for a period not to exceed 5 years; and

“(2) be awarded competitively.

“(e) Eligible entity defined.—For the purposes of this section, the term ‘eligible entity’ means a for-profit business, alone or in partnership with one or more of the following—

“(1) community rehabilitation providers;

“(2) Indian tribes; and

“(3) tribal organizations.

“(f) Federal Share.—The Federal share of a program under this section shall not exceed 80 percent of the costs of the program.

“(g) Eligibility for services.—An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title.”.

SEC. 302. Amendments to Title III.

Title III of the Rehabilitation Act of 1973 (29 U.S.C. 771 et seq.) is amended—

(1) in section 301(a)—

(A) in paragraph (2), by inserting “and” at the end;

(B) by striking paragraphs (3) and (4); and

(C) by redesignating paragraph (5) as paragraph (3);

(2) in section 302(g)—

(A) in the heading, by striking “And In-Service Training”; and

(B) by striking paragraph (3);

(3) by striking sections 304 and 305; and

(4) by redesignating section 306 as section 304.

SEC. 303. Repeal of title VI.

The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended by repealing title VI.